Patna High Court
Kailash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
Petitioner Kailash Paswan sought anticipatory bail after an FIR (Case No. 50/2025) alleged he assaulted a youth with a sharp weapon, invoking several sections of the B.N.S. 2023. He contended that the allegations were false and stemmed from a dowry‑related family dispute, noting a prior FIR (Case No. 47/2025) he had filed against the complainant’s family. The petitioner highlighted inconsistencies between the FIR and the medical report, which indicated injuries caused by a blunt object and noted that the parties had reached a compromise and filed a joint petition before the SDJM. The State opposed bail, emphasizing the seriousness of the alleged assault and the injuries reported. Considering the marital dispute, the prior FIR, the compromise, and the medical evidence, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the allegations under the B.N.S. 2023.
- Whether the prior dowry‑related FIR and the compromise between the parties affect the merit of the bail application.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 308(5), 3(5), 351(2), 352
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- false implication
- dowry dispute
- FIR
- Section 482
- criminal procedure
- compromise
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78476 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- Chhaudahi District- Begusarai
======================================================
Kailash Paswan S/o Late Bindeshwari Paswan @ Ramshran Paswan Resident
of village-Dumri, P.S-Chhaurahi, District-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Yadav
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 01-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Chhaurahi P.S. Case No. 50 / 2025 dated 09.05.2025 registered
under Sections 126(2), 115(2), 118(1), 109(1), 308(5), 352, 351
(2), 3(5) of the B.N.S. 2023.
3. As per the prosecution case lodged by one Dev Narayan
Paswan on 09.05.2025 stating therein that about 7:00 A.M. in
the morning the informant’s son with his friend reached his
‘sasural’ for some inquiry and the petitioner along with other
accused persons on seeing them started abusing and when the
informant’s son objected, the petitioner attacked him with sharp
cutting weapon on the head.
4. Learned counsel for the petitioner submits that petitioner
has falsely been implicated in the present case on account of the
Patna High Court CR. MISC. No.78476 of 2025(4) dt.01-04-2026
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fact that just prior to the date of occurrence on 08.05.2025 the
brother of the petitioner lodged Chhourahi P.S. Case No. 47 /
2025 (Annexure -2) alleging physical and mental torture and
demand of dowry against the husband of his daughter and other
family members. In retaliation, on the very next day the present
F.I.R. has been filed alleging that the husband of the informant’s
daughter in the F.I.R. lodged on 08.05.2025 namely, Ravikant
Paswan has sustained injury due to assault made by the
petitioner with sharp cutting weapon. Learned counsel further
submits that though the allegation is that the petitioner assaulted
the victim boy with sharp cutting weapon on his head but the
injury report of the victim shows the assault caused by hard and
blunt substance on head, leg and other parts of the body
whereas, there is no allegation in the F.I.R. that he was assaulted
by the petitioner on other parts of the body also. Both the parties
have subsequently compromised their dispute and a joint
petition has been filed before the S.D.J.M., Begusarai on
08.10.2025 (Annexure -3).
5. On the other hand, learned counsel for the State opposed
the prayer for bail and submits that there is allegation against
the petitioner that he assaulted with sharp cutting weapon and
the victim has sustained injury on head as well as fracture of
Patna High Court CR. MISC. No.78476 of 2025(4) dt.01-04-2026
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tibia and fibula (leg).
6. Regard being had to the submission made by the parties,
taking into consideration the fact that there was marriage
dispute between the husband and wife, the wife lodged F.I.R.
just prior to lodging of the present F.I.R. as well as medical
evidence, I am inclined to grant anticipatory bail to the
petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
S.D.J.M., Manjhaul, Begusarai in connection with Chhaurahi
P.S. Case No. 50 / 2025 subject to the condition as laid down
under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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